I was convicted of aggravated theft and agreed to a plea bargain with the DA to serve 33 months in state prison, relinquish stock options in lue of restitution. Now restitution amount is a judgement against me even though I have sent multiple lett...
This really is a question for the lawyer who negotiated your plea deal. She'll know more about your case and it's details than any of us. Sheesh, her legal assistant knows more about your case than us -- she can at least forward your question to the lawyer. Lawyers work well with email, so I'd suggest emailing both your attorney (our email addresses are available on the Bar's directory) and legal assistant with this specific question about the deal your lawyer worked out.See question
i answered an ad on craigslist I got a phone call and it was the company's recruiter and he askd me what wge was I looking for i tld him 25 hr he said lt me run ths up to my boss upstairs thn he calld me bak and set up an intrview in that intrvi...
I'm a DUII lawyer, but I'll move this to the employment law area for you. Sometimes promises can be enforced, if you rely on them to your foreseeable detriment. You didn't have a detriment -- you simply got your license reinstated, or you successfully applied for a hardship permit that allows you to drive for work or seeking work (and to and from treatment, if you filled out your alcohol treatment schedule on page 2). I don't see that those things are detriments, but maybe an employment lawyer will disagree with me. Good on you for taking care of your legal obligations from your DUII!See question
Arrested on 12/22 for DUI. I submitted an online request for hearing today, January 1, which is 10 days from the date of the arreat. Monday is the next workday. Will I be barred from having a hearing because it is 11 days for the agency to RECEIVE...
To add to Mr. Kahn's answer, another reason to request an in-person hearing: cross-examination is the greatest tool in the search for truth, but I have trouble telling if someone is lying to me over the phone. I'm much better at sussing out a lie in person. The cop's body language and eye contact matter to the cross-examiner. It will help your lawyer fight the case at trial -- the phone, not so much. In-person means better odds of winning, and a better quality of evidence. NOTE: You should definitely hire a skilled lawyer to cross-examine the cop and treat the DMV for the opportunity it is. Be careful of lawyers who say you can't win, or that there's no point in the hearing. They're telling you they don't know how to litigate these hearings.See question
My Fiance was arrested on Christmas Eve in Portland, OR and charged with: DUI II, Reckless Driving, Reckless Endangerment (passenger adult male. No injury and there was no accident), Parole Violation, Driving while suspended/revoked license. He wa...
If he has 3 DUIIs in the past 10 years, he's looking at a minimum of 13 months prison. His exposure is probably substantially more than that, as he was probably already Lifetime Revoked from driving. He should get a very good DUII attorney, very soon. Bottom line: his exposure is prison, and probably quite a lot of it. I'm sorry you're dealing with the stress and anxiety of this, and I hope he gets a good attorney on his side!See question
Iam a homemaker and employed and had a dirty ua. I have done well on probation. What will most likely happen?
Depends on the county and DDA. Call your original attorney immediately and let her know about this development. Email works great. Talk to the legal assistant if you can't get the lawyer. Call, politely, every day (once, not more). If you're not getting help, consider hiring another lawyer.
You are not doing well on probation, you're using drugs. Some prosecutors will say, "Her first chance was not to commit the crime. Her second chance was downward departure. She's asking for a third chance, and I suggest we simply impose the original prison sentence." The lawyer who will know your DA's office and policies and your case best is likely your original lawyer.
It also depends on your probation judge, and Her Honor's policies and attitudes. Again, your lawyer will know those things.
In the meantime, stay clean and continue treatment. It might not keep you out of prison, but it can't hurt and it might help.See question
Im working 6 days a week am willing to pay but between traveling and Saturdays off cant i set up somthing that will allow me to at least drive to and from work and po and treatment classes while i pay the fines off
The answer is: it's unlikely, but perhaps possible through Project Clean Slate, here: http://projectsecondchance.us/frequently-asked-questions-eng/See question
I was charged with an MIP because I told the officer that pulled over the car I was in that I consumed alcohol that night. I wasn't able to make my court date since I am going to school out of state for college so I plead to no contest and paid my...
I wished you'd talked to a lawyer before entering your plea -- it's not impossible, but it's very hard to undo what you've done. You've also set yourself up for the 1-year driver license suspension that comes with MIP conviction.
First step: hire a good attorney to prepare a motion to withdraw your plea. Most of us will also agree to fight your case in court (without your appearance -- that's not required on violations). This is too serious for you to try handling on your own -- we've already seen the problems with doing it that way. Start protecting your permanent DMV and criminal record! The way to start: hiring a good lawyer when the government charges you with wrongdoing in court. I'm sorry you're going through this.
*I'm not changing your the "practice area" from criminal defense, but I want you to know this case is a violation, not a crime. In other words, no risk of jail. You simply risk your record (that employers and others can pull) and your right to drive on Oregon roads. There are more consequences for this MIP, but your lawyer can tell you about them in conference (judges can order alcohol treatment before returning your license, etc.).See question
My boyfriend and I were driving home. We almost got rear ended and I have the worst aniexty so I told him to please drive home. When as he was driving home a cop pulled us over for stopping at an intersection and blocking traffic. (We thought we h...
If your boyfriend was suspended for a crime, then this is a new crime. Many criminal charges come with "registration suspension," meaning you wouldn't be able to drive your car. Some courts/DAs pursue those, some don't. Hire a good lawyer, or at least meet with one.
Next time you have anxiety while driving, if it renders you unfit to drive, park the car and start walking, or call a cab, or use Uber. You are, in fact, an accessory to the crime of DWS, since you instigated it, but will probably never be charged.See question
She went to court and dhe gotten her probation evoked. What dose that means, the out come could be? I'm her husband, I would just like to know. Thank you.
If probation was already revoked she'll be serving that sentence now -- check with the jail (or its website) for a projected release date. As Mr. Kahn points out, she's still looking at time on the unadjudicated cases.See question
Do to old traffic infractions my driving privilege has been suspended in Oregon and Washington. But being an unalienable right to travel could i still drive to and from work and normal daily driving
I wanted to agree with Mr. Bodkin, except the privilege-right distinction is long abandoned by the US Supreme Court, as meaningless. See, e.g., here: http://www.constitution.org/cmt/right-privilege.htm
But the rest of his answer is correct. The right o travel, not specifically enumerated but mentioned in at least one 20th century SCOTUS opinion, can be burdened with licensing and safety schemes. Just like guns are -- you lose your right to firearms historically through felon status, and in modern life through domestic violence.
If you want to drive, you'll need to clear the wreckage from your past. Consider Project Clean Slate, and good luck!See question